PART 15SUPPLEMENTARY
Codes of practice
Effect of code289
(1)
A person acting in any of the ways mentioned in subsection (2) in relation to a person who is 16 or over and lacks capacity must have regard to any relevant code of practice.
(2)
The ways of acting are—
(a)
in a professional capacity;
(b)
for remuneration;
(c)
as an independent mental capacity advocate;
(d)
as an attorney under a lasting power of attorney or an enduring power of attorney;
(e)
as a deputy appointed by the court;
(f)
as a person carrying out research in reliance on any provision made by or under this Act (see Part 8).
(3)
If it appears to a court or tribunal conducting any criminal or civil proceedings that—
(a)
a provision of a code of practice, or
(b)
a failure to comply with a code of practice,
is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.
(4)
In this section “code of practice” means a code of practice under section 288.